Blackwell's Adm'r v. Bragg

Citations

• 78 Va. 529
• 1884 Va. LEXIS 28

Syllabus

<p>1. Statute of Limitations—Disabilities—Cumulative.—If party claims benefit of saving for infants and femes covert in statute of limitations, no other disability is available than the one which existed when right of action accrued. One cannot be mounted on another, so as to present continuous obstruction; therefore, the disability of marriage cannot be tacked on to that of infancy. Parsons v. McCracken and ux, 9 Leigh, 495.</p> <p>•2. Idem—Idem—Coexisting—Quoad two or more disabilities coexisting in the same person when his right of action accrues, the rule is different, and he is not obliged to act until the last is removed. Wilson v. Branch and ais., 77 Va. 67.</p> <p>3. Idem—Subsequent disability.—When the statute begins to run, no new disability can stop its running.</p> <p>4. Idem—Husbqnd and wife.—A bill by husband and wife, in wife’s right, is husband’s bill, she being joined only for conformity. Coverture of wife no excuse for delay in suing.</p> <p>5/ Res Judicata.—In suit in court of general jurisdiction over subject and parties for sale of intestate’s property, and distribution of proceeds, and “for all equitable relief in the premises,” settlement of administrator’s accounts is also decreed and made, and amounts thus ascertained as due to distributees are decreed to be paid and are paid, the matter therein passed on is res judicata, and cannot be reopened, save as to parties then under disabilities, as provided by statute—the doctrine applying to all matters which the parties had opportunity to bring before the cpurt, and extending to all facts involved in the decree as necessary ground-work therefor.</p> <p>6. Personal Representatives—Accounts.—Such accounts regularly settled, as provided by law, are to be taken as prima facie correct, and, except as to errors apparent on their face, can be impeached only on specific grounds of surcharge and falsification.</p>